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Consumer Rights

FCC Slamming Liability and Investigation Rules

Executing Carrier (LEC) Duties Upon Receipt of a Slamming Complaint The Federal Communications Commission (FCC) announced on October 27, 2000 that its Part 64, Subpart K slamming liability and investigation rules went into effect on November 28, 2000. Under Section 64.1150, executing carriers (LECs) who receive notification from a sub scriber of an unauthorized change must do the following: • Inform the subscriber of the 30-day absolution period. • Immediately notify the authorized car rier (i.e., the previous preferred carrier prior to the alleged slamming) and identify the unauthorized carrier to the authorized carrier.

Alleged Unauthorized Carrier Duties Upon Receipt of a Slamming Complaint Under the new rules, alleged unauthorized carriers must do the following: • Inform the subscriber of the 30-day absolution period. • Refer the subscriber to either the state commission or, where the state com mission has not opted to administer the slamming rules, the FCC Consumer Information Bureau. • Comply with Section 64.1160 require ment to remove unpaid charges from the customer’s bill. • Comply with Section 64.1150 proce dures for resolution of slamming com plaints by the relevant governmental agency (RGA). • If available, provide proof of verifica tion to relevant governmental agency within 30 days after notification of the complaint (or sooner if required by state rule). • Depending on the resolution of the complaint by the RGA, comply with the Section 64.1140 liability rules, the Section 64.1160 absolution procedures and the Section 64.1170 reimbursement procedures.

• Immediately notify the unauthorized carrier (i.e., the current preferred inter exchange carrier-PIC in the switch) and identify the authorized carrier to the unauthorized carrier. • Refer the subscriber to either the state commission or, where the state com mission has not opted to administer the slamming rules, the FCC Consumer Information Bureau.

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